Opt-out request
While in Step 3: Questionnaire, the Principal Addressee may send to the Commission a properly justified request to opt-out from the RFI. A member of the Commission's case team will review the request and will respond to it. The Principal Addressee will be notified by email. If the opt-out request is granted, the Principal Addressee is no longer under obligation to respond to the RFI.
The Commission's investigation powers
Regulation 1/2003 as well as the Merger Regulation empower the Commission to obtain all necessary information from undertakings and association of undertakings, and from persons controlling undertakings. In this respect, the Commission has the power to impose fines and periodic penalty payments for either the failure to supply information or the intentional or negligent submission of incorrect information. You will find further information in the legal basis of the addressed to your organisation.
Opt-Out Request Overview
RFIs are sent in the context of a Commission investigation. If you believe that you are in no position to respond to a particular RFI, because, for instance, you are not active in the relevant market, you may ask to "opt out "providing a justification for your request. You cannot request to be excluded from any future RFI. Response to RFIs can be voluntary or compulsory meaning that noncompliance is sanctioned. You will find information specific to the RFI addressed to your company in the Legal Basis screen, the first screen that appears after accessing eRFI.
The power to request information is an evidence gathering tool which can be deployed in behavioural investigations, merger cases and market studies. Response to RFIs can be voluntary or compulsory meaning that noncompliance is sanctioned. You will find information specific to the RFI addressed to your company in the legal basis page, the first screen that appears after accessing eRFI.
Request to Opt-out
Click on "Opt-out" beside this icon
on the questionnaire header:, the following box will appear: "If you believe the questions of this RFI are not applicable to your organisation, you can request to the Commission to opt out. The case team will review and respond to your request as soon as possible. If accepted, you will be notified by email.", you will notice a red * asterisk, this indicates a justification must be entered before the "Request to opt out" button will become active. :
2. Enter your justification for your request to opt out, this will activate the "request opt-out" button, Click on the "request opt-out" button
3. The message "You have a pending request to opt out" will be visible at the top of your questionnaire until you receive a response from the Commission:
The European Commission Case team will be notified of your request to op-out, and you will receive a response via e-mail.
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